MATERNITY LEAVE: WHAT THE LAW SAYS, AND HOW AND WHEN TO CLAIM UIF

Expecting a baby? Know what the law says about maternity benefits, how and when you can claim and how to go about it.

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MATERNITY LEAVE
A pregnant employee is entitled to four consecutive months of maternity leave, starting four weeks before the baby is due and for at least six weeks after the birth. The Basic Conditions of Employment Act (BCEA) (Section 25) sets out the rules governing pregnant employees in South Africa.

You can’t lose your job because you’re pregnant. Your employer is obliged to keep your job for you and allow you to return to work after your leave, but unfortunately, by law, your employer does not have to give you paid leave. Some employers do pay a portion of the employee’s salary but you can claim for the portion not paid. So if your employer only pays 50% of your salary, you can claim UIF on the 50% shortfall.



CLAIMING UIF
UIF is the abbreviation of the Unemployment Insurance Fund, part of the Department of Labour, which handles all unemployment claims. COVID-19 applications have made the fund extremely busy so make sure you have all the necessary documents:

• 13-digit bar-coded ID, smart ID card or passport
• form UI-2.8 (for banking details – the account must be in your name, not your husband or partner’s name)
• form UI-2.7 (to be filled in by your employer with details of your salary)
• form UI-2.3 (application form – to be signed by the doctor as well)
• birth certificate of the baby if you are claiming after the birth
• form UI-4 (follow-up form for the continuation of payment).

Forms can be downloaded from www.labour.gov.za. Maternity benefits can also be claimed by registering for uFiling at https://ufiling.labour.gov.za/uif/maternity-benefits.

You need to give your employer notice one month before you start maternity leave, and you can only apply to the Department of Labour once you are already on leave.



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WHO CAN CLAIM FOR UIF MATERNITY BENEFITS?

You can claim for UIF maternity benefits if:

• you have been contributing to UIF monthly (you and your employer should each have paid 1% of your salary)
• you have not claimed from UIF for the past 4 years (unless you claimed maternity benefits for a previous pregnancy)
• you are a foreigner with a work permit who pays UIF monthly.

You can’t claim UIF maternity benefits if:

• you are a learner or work in the public service
• you work less than 24 hours a week
• you earn only commission and not a salary
• you are a foreigner on a contract
• you have been suspended from claiming because of fraud.

Related article: Know your maternity and paternity rights

HOW MUCH DOES UIF PAY OUT FOR MATERNITY BENEFITS?
You won’t get your full salary in UIF benefits. There is a sliding scale of the proportion of salary that is paid out, from 38% for higher earners to 58% for lower earners. The highest amount anyone can get in 2021 is 38% of R17 712 = R6 703.56. The percentage you will be paid is dependent on how much you earn. You are entitled to claim one month’s benefit for every six months that you have worked, up to 17 weeks. The Department of Labour will only start paying out after your baby’s birth has been registered, or if you have a stillbirth or miscarry in the last trimester, you can claim benefits for six weeks.

It may all seem a little overwhelming at first but knowing your rights is the first step in getting what is due to you. Go for it!

Related article: How UIF works and how it can help you

Sources
https://www.capelabour.co.za/maternity-leave